Africa Great Lakes Democracy Watch

Welcome toAfrica Great Lakes Democracy Watch Blog.Our objective is to promote the institutions of democracy,social justice,Human Rights,Peace, Freedom ofExpression, and Respect to humanity in Rwanda,Uganda,DR Congo, Burundi,Sudan, Tanzania, Kenya,Ethiopia, and Somalia. We strongly believe that Africa will develop if only our presidents stop being rulers of men and become leaders of citizens. We support Breaking the Silence Campaign for DR Congo since we believe the democracy in Rwanda means peace inDRC. Follow this link to learn more about the origin of the war in both Rwanda and DR Congo:http://www.rwandadocumentsproject.net/gsdl/cgi-bin/library

Friday, January 13, 2012

RWANDA: STATEMENT ON EXTRADITIONS, TRANSFERS AND DEPORTATIONS TO RWANDA

RWANDA NATIONAL CONGRESS Full statement also available

Several jurisdictions have recently made decisions authorizing
deportation, transfer or extradition of genocide suspects to Rwanda. On
27 October 2011, a decision by a Chamber of the European Court of Human
Rights (ECHR) dismissed an application by Slyvere Ahorugeze against
extradition to Rwanda on the ground that “he would not risk a flagrant
denial of justice". In November 2011, the Appeals Chamber of the ICTR
confirmed the transfer of Jean Bosco Uwinkindi to Rwandan courts. On 6
December 2011, the Canadian Immigration Service served Leon Mugesera
with notification that he can be deported from Canada in accordance with
a previous order of the Canadian Supreme Court. The United States has
deported some individuals to Rwanda to face trial on genocide related
charges. These recent decisions allowing transfer or extradition of
suspects to Rwanda reverse a long established approach, set by decisions
of a diverse range of courts of countries such as France, the United
Kingdom, Finland, Germany and Switzerland that had previously refused
extradition or expulsion of Rwandan suspects for security or fair trial
concerns.

We understand the difficult dilemmas that the
international community faces in handling Rwanda’s extradition requests
for genocide suspects. States have an obligation to prosecute or
extradite persons responsible for international crimes. No state should
be a safe haven for perpetrators of genocide or other international
crimes. Rwanda’s own, reconciliation, peace and long-term stability
require accountability of persons responsible for atrocities without
discrimination.

At the same time, however, governments and
courts of law have an obligation to ensure that states to which to which
they deport, transfer of extradite criminal suspects respect basic
human rights principles in general, and guarantee respect of the right
to a fair trial and provide protection from torture or ill-treatment in
particular.

We recognize that each judicial decision is based
strictly on the evidence adduced by the parties before the court. We
have no reason to doubt that the decisions of the European Court for
Human Rights and the Appeals Chamber ICTR have been made in good faith.
Nevertheless, we strongly believe that the decisions are wrong, as they
are based on extremely erroneous assessments of the human rights
situation in Rwanda.

The Rwanda government is controlled by a
clique of suspected war criminals that has turned Rwanda into a criminal
state. Rwanda exhibits the outward manifestations of a democratic
state, but is in reality a ruled by a dictatorship that does not respect
the rule of law. The civilian institutions of the Rwandan state,
including the judiciary, are in theory independent, but in practice
subject to the absolute direction and control of the ruling party, the
security services and the President of the Republic. As a result,
Rwanda’s justice system cannot guarantee respect of the right to fair
trial in accordance with international norms. Additionally, persons who
are transferred or extradited to Rwanda face grave risks torture or
ill-treatment.

We stress that we do not take a stand on the
guilt or innocence of the persons whose cases we discuss in this
statement or other Rwandese who are risk of being deported or extradited
to Rwanda. The guilt or innocence of the persons concerned should be
established by independent and impartial judicial institutions.

We reiterate our condemnation of the crime of genocide, and our
unwavering support for accountability on those who are responsible for
it and for other international crimes that were committed in Rwanda
during the 1990s, including some of those run the current Government of
Rwanda.

We believe, however, that even persons accused of
genocide, the most heinous of crimes, deserve fair trial. The situation
in Rwanda does not allow for fair trial of prominent genocide suspects,
or opponents and critics of the current government.

On the
basis of the grounds set out above, we call upon all governments to
which the Government of Rwanda has addressed extradition requests:

(a) To stop all extraditions, deportations and transfers of Rwandan citizens to Rwanda;
(b) To arrange for the trial of Rwandans sought by the Government of
Rwanda in their own countries or in other countries whose courts have
universal jurisdiction for war crimes, crimes against humanity and
genocide; (c) To commission independent assessments of the human
rights practices in Rwanda and to review their immigration policies and
procedures in accordance with the prevailing human rights situation.
(d) To exert pressure on the Government of Rwanda to stop torture and
persecution of government critics and human rights defenders, and to
organize an open, inclusive and comprehensive national dialogue on how
the country can transition to democracy.

We trust that
mechanisms of administrative and judicial review of recent decisions
relating to the question as to whether Rwanda is able to guarantee
respect of the right to fair trial and protection of citizens from
torture and ill-treatment will provide opportunities to redress the harm
done by the decisions discussed in this statement.